I would like to call to order the hearing of the administrative board of zoning appeals.

At this time, I request that the staff be sworn in.

As she mentioned previously, if you plan on speaking, just please sign in and um after signing in, we'll ask you to before speaking, raise your right hand to be sworn in.

We're being recorded and um just um please just do so before speaking.

Um Mr.

Secretary, would you please call the role of the members present to determine if we have a quorum?

Here.

We have a quorum.

Um yeah, Mr.

Secretary, please read the uh first case.

Do you have any word?

Do you have anything you I I guess yes, I I don't see uh any restriction of the complaint of the fencing or anything or uh uh uh can you blockage?

I mean I don't see what they see.

Um you know I'm I'm um went more, so I live near so can you raise your right hand and be sworn in and just say state your name and address, please.

I'm on the 400 case.

Sorry.

Huh?

Just not my case.

This is not like case.

Oh okay.

I'm not I'm not familiar.

Hold on, I'm not familiar.

This is my first time here.

So it looks like there isn't anybody here for the there's not like case.

Oh, okay.

That's not mine.

Yep.

That's not my case.

That's not my case.

No, understood.

Sorry.

My confusion.

I apologize.

So what what do you do if they're not here?

I was recommending just because of the confusion with it.

We just uh need notification on the next one and just give them the benefit.

How many on next month?

Oh, okay.

February, I think we have three.

Oh, okay.

So far as the market.

Okay, okay.

Yeah, I just wanted to check.

Okay.

Okay.

Yeah, I wouldn't find I I would be curious with D cuts messed up on them.

So yeah.

I would I would uh suggest we move it.

Can I get out of the way?

Second.

All right.

All right.

Well, yeah, Mr.

Secretary, uh, when you get a chance to read the next case, please.

BZA case number 25-00060, 325 Witamore Street.

Zoning is RD six.

Set back.

Maintain an accessory structure in the front yard setback and install a gravel area for parking in the front yard set back.

Does anybody in attendance want to speak on this?

I own the property.

Okay.

Have you signed have you had a chance to sign in?

Uh I can do that real quick.

Thank you.

Okay.

She already did call me.

Yep, raise your hands.

Douglas Williams, 325 Whitmore Street.

Yes.

I guess can you just give a little background?

We we have the case in front of us, but just kind of please speak into the microphone if you need to lift it up.

Yeah, when I bought the property, the fence was already up there, and um they did it because the neighborhood ain't the greatest.

Um due to theft and crime and you know, everything that's happening.

Well, just trying to see if I can somehow keep it.

There's plenty enough clearance till the stop sign.

We turned in pictures and all that stuff.

And um uh they I'm asking about the shed too.

They was complaining about that.

Being it's in a front yard.

I thought it was a side yard the whole time I own the property.

And um, I'm I'm not sure what else they uh they would was in the complaint for it.

Don't know what all they want done or when I know the weather ain't the best to do work outside.

Are you are you so are you also requesting to park multiple vehicles back there as well?

Uh just two.

And then yeah, the additional accessory structure, and that's already there, right?

Uh yeah.

The fence has been there for like six years.

And nobody's ever had a complaint or a problem with it.

We went down and checked police reports.

Never had no issues with it.

I maintain it, I paint it.

I do what I can to make the property look good, you know.

Does anybody on the board have any questions or comments?

I do.

Um hello, right here.

Okay.

Uh so you said when you moved on there, the fence was there?

Yeah.

How long ago have you moved there?

I've been there five years.

The fence was there a year before I moved in.

Okay.

And you've never had the city come out and say that it was Oh, yeah.

Yeah, we've had the city come out and they grandfathered it in.

I called the the um Department of Transportation to try and make sure they were fine with it.

So we don't have no issues.

And um the city, they don't want nothing to do with it no more.

They said it's grandfathered, and we don't see an issue.

That's coming from inspector wall.

Inspector Wall, because we don't have a grandfather for fences, so I don't know who who would have told you that.

So thank you for telling me that.

The city don't have no issue with it.

I've talked with Inspector Wall.

Oh, so the city would have an issue.

They don't so the zoning is the city.

Um so the city does have an issue with it.

Yeah, um, which is why you were referred to zoning because it is an issue.

Um I just and I'll find out about trash transportation and I'll talk to walls, Inspector Walls about it.

Uh, but that's all I had.

I would like to hear from um planning commission.

Up okay.

Hello, um my name is Esther.

I'm with the Plan Commission.

Um so this height was cited for multiple reasons.

There's been a lot of complaints about the fence and the general property, how it's being kept.

Um right now they do have three accessory structures.

The code only allows two, and one of the accessory structures is in the front yet.

It's an they are on the corner lot, so it's difficult to meet um the setback requirements.

But however, the there used to be uh fence that met the regulation.

It was three and a half foot fence prior to the owner purchasing the property, it was a chain link fence which met the requirements.

This was changed to a privacy fence, a six-foot privacy fence without a permit.

And they also have a trailer packed on the property in the front yard.

Predicode if you wanted to um stall a trailer on your property, it has to be in the rear yard.

In this case, it's difficult to meet that because they don't they barely have any um say space to do that.

It's all the front yard.

So we had met with them pro uh pr previously and discussed um options.

Um and the recommendations, it's in there.

We um suggested that they move the fence a little bit back so that it would align with all the houses along both sides of the um street.

We also suggested that they pave some of the area close to the existing garage on site.

They have a garage that can accommodate two vehicles.

So if they had paved an area next to where they could park the stall that recreational vehicle there, and then they would have to move the existing shed, which is close to the fence, further back close to the house.

We presented this to them and they rejected it.

So we I recommended a disapproval for all this because it is affecting the um general aesthetics of the neighborhood.

If they went ahead and agreed to our recommendations, this would bring it closer into compliance, not fully, but it would look better.

Thank you, Esther.

I I guess I'm curious why um you um didn't um take any of the suggestions from planning commission.

Is it I I couldn't see movement of fence now, they say I I have not seen no.

I mean, I don't I don't you can't even see what's on my back there.

If I call in the zoning and told them my trailers are sold, my trailers are gone.

Can you come talk on the mic, please?

I I've called zoning and total my trailers are moved out of the yard and gone.

And um it's still a problem.

I don't understand that.

When you look in my backyard, you don't see nothing.

I don't I don't see any pictures.

They couldn't show me none when I went down the zoning.

And you know, I paid 200 for this court date and went through all this stuff, and now they want me to take my whole fence down.

It don't make no sense.

I I live there on that corner and they say it's not maintained.

I mean, you don't see nothing in my backyard.

They're sir, they're not saying that you need to take down the fence.

What the request is being made is to push it closer to back away from the sidewalk and the front yard area so it lines up with the rest of the houses along that street.

Like she told you I wasn't gonna do all that labor.

I mean, I didn't put the fence up, you know.

Well, if you'd want to keep it, that's the way that I'll tear it down then.

That's well, we don't want you to have to tear it down.

I'm not gonna we're trying to come up with a compromise.

So both both sides can you won't have exactly what you want, you'll but you'll be able to keep your fence up.

You just will have a little smaller area inside.

When I bought the property, it's been nothing but complaints, nothing but complaints.

Then the city said, Well, we're we don't have an issue.

So they referred it to zoning.

Zoning is the city.

So I don't know.

Yes, so confusing to me.

Well, it it's it gets a bit confusing.

So there's several departments within the city, so the city does have a problem with it.

Um because of the height, you have to push it back.

You don't have to get rid of your full.

I'm not pushing it back, I'll just rip it down.

I mean, okay, that's that's your choice.

We're just telling you what will come back to the city.

You know, uh what would be the sense of putting a fence in the middle of my yard for everybody else to use my yard for trash and dumping and playing football and tearing everything up like they do?

That's your choice.

It's a corner lot, you know.

It's it's pathetic.

You know, I'm not able to rip it down.

Thank you.

Oh, okay.

Please take your raise right hand, say your name.

Billy Barlett.

Oh, Billy Bartlett.

325 Whitmore.

Yes.

Yeah, I don't have a problem.

We don't have a problem with that fence.

I mean, we have police reports where where people have been throwing stuff over the fence.

I mean, we have just nothing but crime.

We don't have no place, like we don't we need our privacy.

I mean, we had people put um dynamite sticks in our yarn.

We had to work stuff up.

We got police reports for that.

I mean, we got pictures of of other things of up of um fences that's high.

That's like ours.

And nobody's doing nothing about that.

You can you can report those as well, please.

We'll take those pictures.

Well, we turned that for the pictures.

Yeah.

We turned all we turned a bunch of pictures in, we turned up we turned police reports in.

To zoning and so let me explain something.

Um this is actually the zoning compliance, so it's just talking about your fence in line with the zoning code for the city of Toledo.

It's not um it's not talking about like it's talking about how to get your house in compliance with the city.

So if it's rules are set for a reason.

If we allowed everyone to put tall fences up and impede on the code, it would cause such a havoc.

So we're talking about the zoning and the compliance, and it sounded like they that the city actually offered a compromise and you didn't want to do the compromise, right?

You didn't want to push the fence back.

An another option is you could keep the fence where it's at, it would just have to come down to three and a half feet.

Right.

I that's also another option as well.

Well, it made it sound like I have to remove it or put it in the middle of my yard.

I mean it.

You know, there's there's points where people have their corner lots uh zoned for a six foot.

I mean, I can't be the only one that's asking for this.

I mean, I know I can't have it now, but the next step, where do I go from here?

Pay some more money and appeal it in common, please, they say.

I don't know how this works.

Keep paying money and we turned in all this paperwork and and nobody knows nothing.

No, I mean you bring up a good point a lot that we turned in all kinds of pictures, she made a collage, and she says, Okay, they'll probably grandfather it in, it shouldn't be a problem.

So she is doctors know saying that he has all these magical problems in that.

This problem gets brought to the board a lot.

And when it gets brought to us, there is the city code that is that was mentioned, and it's just up to us to allow a variance to that code.

I'm trying to sell the property as fast as I can.

I gave it to her, she gave it back to me.

I don't want it, but I maintain it.

In order for us to provide a variance that has to be hardship shown and those hardship requirements and criteria really clearly defined, and planning commission went through all of the hardship criteria and and really determined that there isn't enough for a hardship variance.

That's fine.

Even though that there's people have their life on their line that live there with the gunshots and dynamite sticks, none of that matters.

Just want to make sure zoning is zoning.

It's it's zoning, I I mean, call I would call the the law the police.

Well we did all that.

They don't want to come out to Whitmore Street no more.

I don't know how to do it.

You know, they they know the address by heart.

So we're just existing and paying taxes.

I'm just trying to give you background on why on why the decision and how everything is.

So what else do we need to fix?

They're complaining about this and that.

I mean if you if you cut the fence down to three and a half, you could I know I gotta do that, but then there's an issue.

Do I have to get out there when I saw in this weather?

Are they gonna give me time?

Um I mean he's having sure in it in like two weeks.

Uh surgery don't matter, you know.

Yeah, that'd be nice.

It's just the weather is but that's borrowing what happens here today.

Yeah.

The weather is just you know, I mean, excuse me, Doug.

Are you suggesting that we could um grant them more time as part of this committee?

You could get very clear if you can make that part of the decision.

He's having sure on the 25th.

Surgery don't matter.

So you can't whether you guys did it or didn't agree or it's not an issue.

We would automatically give them 30 days if one.

Thanks.

So I don't know what else I need to fix.

I mean, I was like, it's like gravel lot as well.

They some with the gravel lot.

And so there's that there's the building and then the parking garage is I got a question.

So plan commission never met with them, Esther, to tell them what they need to do?

Oh, okay.

She represents she represents the planning committee.

So when they received the citation, they had been working with uh um one of our technicians, Becca, and she's been communicating with them.

Okay, and then they finally came came into the office and met with Becca and I.

Oh, okay.

And that is when I presented the um compromise to them.

Okay, rejected it.

Okay, thank you.

And the compromise was not accepted by you guys.

Are you willing to accept the compromise?

What was the compromise?

From to move the fence in the middle of the yard.

That is an option.

That is uh one of the compromises, but then also to cut it down, but it's um I think she would she can help she's right behind you and can talk through the compromises a little bit more.

So yeah, she has so if since you have set it, um the trailer is gone, you may not need this, but it shed is currently dead.

It has to move it here, and then the fence.

You can move it in place, but cut it on the three and hopefully.

Well, you know what I mean?

When I talked to Rebecca, she said it wouldn't be a problem giving a grandfather in for the full length, and then I come here and it's something different.

You right yeah, you don't have a grandfather status because the previous fence was she said that herself now.

She said that herself in my witnesses right there.

So I don't know why she would say that.

I cannot speak to that, but the last time I met them, I was clear until they don't have a grandfather status because the fence was modified.

So this is a new worked with Rebecca the whole time.

We didn't work with you.

We met with her four times and met with you maybe once.

Well, Rebecca was probably wrong.

Um there is no grandfather clause, I can assure you that.

She told me well, she was wrong.

I don't okay.

Yeah, she was wrong.

I apologize that someone told you that.

She misled me having hopes I could keep my fence and uh well you can't keep your fence, you just can't keep it the way it is.

Yeah, yeah.

Like we're not saying that you can't keep your fence.

First of all, like I told her halfway, but it the the reason they put that there was you know, for you said you didn't put it there.

I just said the reason that they put that there.

Oh, okay.

I live in a bad neighborhood too, so I understand, and my fence is three foot in the front, and I uh and I get threatened all the time.

I didn't even put that up there.

Yeah, I got you.

I understand.

I didn't put it up there.

Yeah, yeah.

So here's the thing.

I think we're done.

Okay.

Now what about the privacy tarps they're complaining about in this and that?

You know?

They're supposed to issue all this.

They're complaining about that.

We're simply voting on the fence and location.

We're done.

Okay.

Thanks.

Well, okay.

Should this variance be approved?

Yes.

So the variance.

Time.

So what variance am I voting on?

We have all three of them to vote on or we can do them separately.

We have the fence, the storage shed, and then the stone is also on the docket today for this case.

Yeah, let's vote on all three separately.

Okay.

Should we confirm there's no one else in the neighborhood that's here?

So for the fence.

I don't know.

That doesn't appear anybody else to speak.

Somebody else signed it.

Does anybody else want to speak on this case?

Yes.

Yeah, I live on Valentine.

And I also have no problem with the fence.

Please reach your legendary right.

Please state your name and address for the record.

Elizabeth Henderson.

I don't remember the full address.

I moved since then.

So what I am about to say is true to the best of my analogy.

Okay.

I also see no problem with the fence.

I drive by the all day.

I have to stop sign, look both ways.

I have no blockage, no, I can see just fine.

And me personally, I think it's just somebody nitpicking.

Just always trying to not happy with something.

Okay.

Thank you.

Um Williams, Douglas Williams.

I don't see no problem either because when I used to live on Wetmore, my name is Henriola.

Please raise your right hand.

Oh, okay.

My name is Henry Ola.

My address I have moved to the same, but I I had used to live at Wimmore.

And that was about about six months ago.

Is there one of that?

My current address is now I'm living in Wood County.

Yeah, best knowledge ability.

I don't see no problem of what they're their ordinance of what they're complaining is on the fencing.

I honestly don't see what they see.

Thank you.

Yes, sir.

With that, does everybody feel comfortable voting in all three separately?

Okay.

Let's let's vote on each of these variances separately.

Christy Seincrant?

No.

Julie Randall's no.

Eric Craig.

No.

Robert Pasker.

No.

Nathan Epi.

No.

Fence is disapproved.

For the shed.

What is our opposition?

Christy Seincrant.

No.

Venice Williams.

No.

Julie Randall's.

No.

Eric Craig.

No.

Robert Pasker?

No.

Nathan Napke.

No.

For the stone is our next one.

Chrissy Seincrant?

No.

Benice Williams?

No.

Julie Randall's?

No.

Eric Craig.

No.

Robert Pasker?

No.

David Nafki.

No.

Disapproved.

We have a disapproval.

Mr.

Yes.

Easy case number 25-0062.

Kim Harvey.

2616 Glendale Avenue.

Zoning is RS6.

Kim Harvey, 2616 Glendale Avenue, Toledo, Ohio.

Yes, ma'am.

Okay.

Um I turned in paperwork.

I'll try to make this as painless as possible.

Can you speak into the mic?

Yeah, I'm kind of short.

You can pull it down.

Okay.

I will, like I said, try to make this as painless as possible.

I bought the home four years ago.

It had an existing six-foot solid fence.

I lowered it to five foot.

I have a pole in the backyard.

I know that it's an ingrump pool.

I know it requires at least a four-foot fence.

I hired a fence company to pull the permits and build it accordingly.

Too law.

They did not pull the permits.

So they came out, they asked me if I had verification.

I showed them a text on the phone because before they even started the fence, I went, did you pull the permits?

They said yes.

They texted that back to me.

They had not.

They lied.

I went, I got an attorney.

It cost me more to sue them than what I get back.

So the fence is already up.

It stands at five feet just from the edge of the house around to the cherry tree.

That end, I'm on a corner lot.

I have six Siberian huskies.

And I talked to Ken and I'm like, what can I do here?

He goes, it requires that it's three and a half feet, but he told me he said, pay the fee and come here.

He goes to see if you can do something about this.

He goes, because I opened it up.

And I have pictures I can give you if you want to see them.

There was 11 evergreens down the side.

The fence was solid, and I live on the corner, so nobody could see.

I cleared all that out.

My fence now is what they call Kentucky Blue Rail.

And it just has boards of slats and I have wire behind it so the kid dogs can't get through.

But yet it's also difficult for anybody to get over.

Plus my neighbors can see me because I'm older.

I have heart problems.

I fell off the back steps and nobody can see me.

Um so I opened up the entire corner.

This is one of my neighbors.

Um we have pictures if you want to see them.

Um I presented all that.

Um we have pictures on the phone of what it actually looks like now, so that you can see how open it is.

Um that's why Ken told me to come here.

He's like, you made you did an improvement.

I opened it all up.

Everybody can see around the corner, everything.

It's also 77 feet back from the edge of the front sidewalk on Glendale.

So here's the edge of the sidewalk.

It's 77 feet to the fence.

So it's it's actually not a much it's not an obstruction, it's more open than what it was.

It looks like uh planning commission offered kind of a compromise.

Um have you had a chance to review that.

No, I've been in contact with Ken letting him know where everything was and how this got rescheduled and what have you, but I haven't heard from him.

And he's not here today.

Is he?

Oh, you're okay.

Oh, it would be similar to what is existing, but it would be aligned to all the houses here just to make it useful.

Bring it back a little.

Okay, I'm I'm applying for the height variants because I dropped it down to five foot.

It was six foot.

I know they require at least four foot.

So can I keep the height?

That's what I'm concerned.

Okay, good.

That's what I wanted.

So I just have to move this back.

No problem.

No problem.

I can do that.

I just want to it's gonna cost me two thousand dollars just move that back instead of five thousand.

Redo the entire thing.

I'm good with that.

Okay, good.

I was worried about the height.

So you say you were good with moving it back?

Yeah, I'm good with moving that front part back.

You don't have to get rid of your fence.

You just have to move it back.

Okay.

No, I'm normal.

Um, I just need the Siberian huskies to not get down the road, and I have to chase them.

I'm too old to chase them.

They have trackers, it makes it easier, but you know, I'm good with that.

I didn't put a pool.

I didn't know that they just wanted it moved back in because Ken didn't tell me because he was like, come here for the height variants.

That's what this was for.

You can keep the height.

Just move it back.

So that's we're good.

So wait.

So wait, I just wanted to say thank you for uh fencing it in for the pool portion of it.

I appreciate it.

I know I I have no dreams of lawsuits.

Yes.

Yeah.

This works.

Yeah.

I and I don't want my dogs going and gallimaning through the neighborhood.

I all my dogs are actually rescued from being abused.

So thank you.

They're my babies.

Draw some fur balls, and as you can't tell, I'm wearing them.

Yeah.

All right.

Thank you.

Thank you.

Thank you.

So with that, um, I would suggest we vote on the um the compromise that finding commission has get has a given end sheet.

Um seems to be um applicable to with that.

Should we approve the variants that uh planning commission has suggested?

As amended, yes.

As amended, yes.

Chrissy Sonic?

Yes.

Yes.

Devon Overton.

Excuse.

Sorry.

Julie Randall's yes.

Here Craig?

Yes.

Yes.

Yes.

Motion approved.

All right.

Thank you.

That's why I was trying to make some.

Mr.

Sekra, please read the um final case.

What's that?

Is there the C core?

Mr.

Chair, I think they have to ask any questions.

Are they going to get anything in the mail they asked?

Oh, I think I think so.

Sorry, I must be looking out in order to do that.

Never mind.

You'll get something in the mail.

Yes.

I think you'd mention that they get 30 to 60 days to work with someone.

Yeah, they're the ones who wrote the violation, but typically uh practice we give 30 to 60 days to wind showing effort to move forward on it.

Okay.

Um, so I think that that's all of the that's all of the cases.

Yes.

Um, yeah, is there any revisions or amendments to the corrections or to the minutes from the last meeting of December?

Okay.

No, do we have a motion to approve the minutes?

I motion.

I second.

Thank you.

All for your favor by significant aye.

Aye.

Approved.

Meeting at turn.

Are you covering what we told you?